Patna High Court
Babul Singh @ Babul KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioners' antecedents, under Section 482(2) of the BNSS.
Summary
The petitioners, Babul Singh and Suresh Mukhiya, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 43.5 litres of liquor from an auto. They argued they have clean antecedents, were not caught in possession, are not owners of the vehicle, and were implicated solely on a confessional statement made by Sunita while in police custody, which they claimed lacks evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned the order on verification of the petitioners' criminal antecedents by the trial court. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances.
- Whether a confessional statement made in police custody is admissible as evidence.
- Whether the petitioners' alleged lack of possession and ownership of the auto precludes liability under Section 30(a) of the Bihar Excise Act.
- Whether the trial court can verify antecedents before confirming anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- clean antecedent
- Section 30
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7473 of 2026
Arising Out of PS. Case No.-242 Year-2025 Thana- PIPRA District- Supaul
======================================================
1. Babul Singh @ Babul Kumar S/O Jotindra Singh Resident of village
Narayanpur, ward no. - 12,raghopur, P.S. - Raghopur, District -Supaul.
2. Suresh Mukhiya Son of Badri Mukhiya Resident of village Narayanpur,
ward no.-12, raghopur, P.S. raghopur, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 43.5 liters of liquor from an Auto.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and are not the
owner of the seized Auto and he came to be implicated based on
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confessional statement of Sunita in police custody which does
not have any evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) each with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with S.T.
Excise Case No. 734 of 2025 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that any of the petitioners have
antecedent of even one case then it would be presumed that
petitioners, for the purposes of seeking anticipatory bail, had
concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners are persons with
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clean antecedent in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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